UPC APP 594327/2023

—·EP2207270: WIRELESS COMMUNICATION BASE STATION APPARATUS, AND WIRELESS COMMUNICATION MOBILE STATION APPARATUS AND CONTROL CHANNEL ALLOCATION METHOD

Case details: Status
—
Action
Appeal
Category
Main Appeal
Parties: Claimants
Guangdong OPPO Mobile Telecommunications Corp. Ltd.
OROPE Germany GmbH
Reps: Rien Broekstra (Vossius & Brinkhof UPC Litigators); Andreas Kramer (Vossius & Brinkhof UPC Litigators)
Respondents
Panasonic Holdings Corporation
Reps: Miriam Kiefer (Kather Augenstein)
Division: Court of Appeal
Judges: Rian Kalden · Presiding judge and legally qualified judge
Ingeborg Simonsson · Legally qualified judge and judge-rapporteur
Patricia Rombach · Legally qualified judge
Technology: Telecommunications
Language: —
First decided: Dec 18, 2023

Decisions

2023-12-18
DismissedAppeal decisionApplication for an Order for expedition of an appeal (RoP225(e))
The Court of Appeal (Second Panel) rejected OPPO's request for shortening of the time period for the respondent's Statement of Response in the appeal concerning the language of proceedings (EP 2 207 270). The CoA found that the request was filed on the last day of the available period, leaving insufficient time for the respondent, and that granting the request would be contrary to principles of proportionality, fairness and equity. The proceedings were closed.
Legal issues:Expedition of appeal proceedings (R. 225(e) RoP)Shortening of time period for Statement of Response (R. 9.3(b) RoP)Proportionality, fairness and due process in appeal proceedingsComposition of CoA panel for procedural requests without technical issues (Art. 9 UPCA)

Documents